Police v Cameron Trevail [2012] NSWLC 1

Police v Cameron Trevail [2012] NSWLC 1

The offender's planned intimidation of the victim by threatening to publish a graphic sexual video unless she submitted to further sexual intercourse was objectively serious, involved an abuse of power and privacy, and required emphasis on general and particular deterrence. His prior breaches of Apprehended Domestic Violence Orders and failure to comply with bonds reduced available mitigation and gave the Court little confidence he would not re-offend. No sentence other than imprisonment was appropriate, but because he did not carry out the threat to publish and was assessed as suitable, the imprisonment term was ordered to be served by way of an Intensive Corrections Order with drug and...

Jurisdiction
Australia
Judgment Date
23 March 2012
Procedural Posture
Criminal Sentencing for Stalking and Intimidation With Intention of Causing Physical or Mental Harm Under Section 13(1) of the Crimes (domestic and Personal Violence) Act 2007 / Remarks on Sentence Following Plea of Guilty; Further Remarks After Intensive Corrections Order Suitability Assessment
Outcome
The offender was convicted and sentenced to imprisonment for 7 months and 12 days, to be served by way of an Intensive Corrections Order.
Legal Topics
['stalk and Intimidate' 'threat to Publish Intimate Video' 'plea of Guilty Discount' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'intensive Corrections Order']
['criminal Law' 'sentencing' 'domestic and Personal Violence'] ['stalk and Intimidate' 'threat to Publish Intimate Video' 'plea of Guilty Discount' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'intensive Corrections Order']

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Procedural Posture

Criminal Sentencing for Stalking and Intimidation With Intention of Causing Physical or Mental Harm Under Section 13(1) of the Crimes (domestic and Personal Violence) Act 2007 / Remarks on Sentence Following Plea of Guilty; Further Remarks After Intensive Corrections Order Suitability Assessment

Legal Issues

  1. 1 ['What sentence was appropriate for an offence involving a threat to publish a video of a sexual encounter unless the victim agreed to further sexual intercourse.' "Whether the offender's plea of guilty warranted a utilitarian discount and the amount of that discount." "Whether the seriousness of the offence and the offender's antecedents required a sentence of imprisonment." 'Whether the sentence of imprisonment should be served by way of an Intensive Corrections Order.']

Ratio Decidendi

The offender's planned intimidation of the victim by threatening to publish a graphic sexual video unless she submitted to further sexual intercourse was objectively serious, involved an abuse of power and privacy, and required emphasis on general and particular deterrence. His prior breaches of Apprehended Domestic Violence Orders and failure to comply with bonds reduced available mitigation and gave the Court little confidence he would not re-offend. No sentence other than imprisonment was appropriate, but because he did not carry out the threat to publish and was assessed as suitable, the imprisonment term was ordered to be served by way of an Intensive Corrections Order with drug and...

Court Disposition

The offender was convicted and sentenced to imprisonment for 7 months and 12 days, to be served by way of an Intensive Corrections Order.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to imprisonment for 7 months and 12 days.' 'The sentence is to be served by way of an Intensive Corrections Order.' 'Within the period of Intensive Correction the offender is to be subject to involvement in Drug and Alcohol rehabilitation programmes.' 'The...